6 Strategies That Prevent Someone from Contesting Your Will or Trust

If you expect your estate to go through the probate process, you hope for a resolution without conflict or legal complications. However, it can be challenging to foresee a family member or any “interested party” contesting your Will after your death. The reality is that anyone with anything to gain or lose from your estate settlement has the right to challenge your Will.

Fortunately, a Wills and Trusts counselor can help you craft a virtually irrefutable Will. These six steps to a solid Will will help keep the probate process on track:

1. Proper Witnesses

Asset protection regulations in Ohio require that two disinterested witnesses be present to execute a Will that probate court deems valid. “Disinterested” means not having an apparent conflict of interest or expecting to gain or lose from what’s stipulated in the Will.

2. Being of Testamentary Capacity

You’re probably familiar with the phrase “of sound mind and body.” More formally, your probate law representative will likely refer to “testamentary capacity,” your mental and legal ability to draft or change a valid Will. More specifically, you need to demonstrate that you understand how to create a Will, have complete knowledge of its assets, and know the family members and others listed in the document.

3. Absence of Undue Influences in Will Drafting

The nature of the Will and its terms should be up to you and not influenced by any other individual. A probate court can rule a Will invalid if someone contesting it can show undue influence in its creation or alterations. To prevent this possibility, ensure no one but your local estate planning lawyer and disinterested witnesses are present when executing your Will.

4. Include a No-Contest Clause

Another option is adding a “no-contest” or “in terrorem” clause to your Will, which stipulates if a beneficiary contests your Will and loses, they get nothing. While this provision may seem cold to some family members, potential heirs may not be willing to contest the Will if their inheritance is generous enough to make a challenge too risky.

5. Revocable Living Trust

An alternative to a Will is the revocable living Trust. You can place all your assets in this protective mechanism for the duration of your life. You can still spend the funds in your Trust and transfer assets as you see fit, but it’s the Trust, not you, that owns your estate.

What’s more appealing about this tool is that it doesn’t pass through probate and, therefore, is immune from challenges. Furthermore, whereas a Will enters into public record, a revocable living Trust remains private. Only the people listed in the document are privy to its terms.

6. Hire an Experienced Estate Lawyer

If you’re worried about anyone contesting the terms of your asset distribution, you don’t want to go online and create a Will without legal help. It’s better to lean on an attorney who knows the right questions to ask and can recommend clauses and terms to make your Will legally binding. They can also suggest extra measures to protect your Will, such as obtaining medical documentation of your testamentary capacity.

If you want an air-tight Will that withstands the most rigorous challenges, contact our office today at Donnellon, Donnellon & Miller for legal guidance. Our top-rated asset protection experts who serve the Cincinnati area, will ensure your Will is valid and take all the necessary steps to help you avoid conflicts in the future.